The China Patent News keeps you on top of business, economic and political events in the China.
Blawg | Newsletter Archive
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Patents: Huawei, ZTE Face Possible 337 Investigation
On July 26, three companies under the digital giant Intel Corporation filed applications with the US International Trade Commission (ITC) for initiating a 337 investigation, alleging Huawei Technology and Zhongxing Telecom Equipment Corporation (ZTE), China’s two leading telecom solution providers and the Finish mobile giant Nokia over infringement of 7 patents in 3G wireless equipment and sought an exclusion order.
As their first 337 investigation case, Huawei and ZTE both signified that they would take the dispute seriously. Huawei said that they owned a large quantity of core patents in 3G and 4G technologies and always attached great importance to IPR protection and have a good reputation in respecting and protecting IPR since they started their business.
Patents: China's Invention Patents Per 10,000 Population Hits 2.0
As of the end of June, the number of invention patents per 10,000 heads in China has reached 2.0, up 0.3 from 1.7 at the end of 2010. "The main reason is that China granted 48.2% more invention patents in the first half of this year", according to a principal of Planning and Development Department under SIPO.
As of the end of June, SIPO granted and remain effective patents for the three kinds are 2.496 million, 627,000 of which are inventions, up 12.6% and 11% from 2.216 million and 565,000 of the end 2010 respectively. Among the 627,000 granted inventions, 302,000 were granted to domestic, up 17.1% from 258,000, accounting for 48.2% of the total; 325,000 of which were granted to foreigners, up 5.9% from 307,000, accounting for 51.8%.
Patents: Special Campaign Delivers Throughout the Nation
Latest numbers show that IP system across the nation has yielded fruitful output in the past nine months since the launch of a special campaign on combating IPR infringement and manufacturing and sales of counterfeit and inferior quality commodities, effectively safeguarding rights and interests of the right holders.
Statistics show that, Chinese authorities have exerted their efforts to carry out the enforcement campaign in handling 2,572 patent disputes, dispatching 167,000 officers/times to examine 2.286 million pieces of commodities and seizing over 80,000 goods from October 2010 to June 2011. In addition, they carried out 665 inter-agency and 1,092 inter-regional joint operations.
An exhibition showcasing the achievements of the campaign was recently held on SIPO’s official website of http://www.sipo.gov.cn. Public may also find the link at the websites of the local offices.
Patents: Applications for Three Kinds of Patents Received from Home and Abroad (year)
January 2010-December 2010
|
Invention |
Utility Model |
Design |
Total |
|||||
Number |
% |
Number |
% |
Number |
% |
Number |
% |
||
Total |
Sub-total |
391177 |
100.0% |
409836 |
100.0% |
421273 |
100.0% |
1222286 |
100.0% |
Service |
319271 |
81.6% |
244727 |
59.7% |
203872 |
48.4% |
767870 |
62.8% |
|
Non-service |
71906 |
18.4% |
165109 |
40.3% |
217401 |
51.6% |
454416 |
37.2% |
|
Domestic |
Sub-total |
293066 |
100/74.9 |
407238 |
100/99.4 |
409124 |
100/97.1 |
1109428 |
100/90.8 |
Service |
223754 |
76.3% |
242479 |
59.5% |
192337 |
47.0% |
658570 |
59.4% |
|
Non-service |
69312 |
23.7% |
164759 |
40.5% |
216787 |
53.0% |
450858 |
40.6% |
|
Foreign |
Sub-total |
98111 |
100/25.1 |
2598 |
100/0.6 |
12149 |
100/2.9 |
112858 |
100/9.2 |
Service |
95517 |
97.4% |
2248 |
86.5% |
11535 |
94.9% |
109300 |
96.8% |
|
Non-service |
2594 |
2.6% |
350 |
13.5% |
614 |
5.1% |
3558 |
3.2% |
|
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China Law News
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CONTENTS
- Arbitration
Hong Kong Court upholds an Arbitration Agreement for ICC Rules Arbitration in Shanghai - Intellectual Property
Hebei cracked down upon crimes on the manufacture and sales of counterfeits - China Banks
China's ICBC to take over Standard Bank Argentina - Litigation law
Chinese people may soon be able to challenge unreasonable administrative legislation
Arbitration - Hong Kong Court upholds an Arbitration Agreement for ICC Rules Arbitration in Shanghai
By a judgment of 14 July, a Hong Kong Justice upheld the validity of an agreement to refer disputes to ICC Rules arbitration in Shanghai.
The “Governing law and Jurisdiction” clause in the contract, having stipulated that the contract was subject to German law, provided that disputes“… shall be submitted to an arbitral tribunal comprising of three arbitrators and the arbitration venue shall be in Shanghai, China… The arbitration procedure shall be held in accordance with the arbitration rules of the International Chamber of Commerce ('ICC') …”.
Nonetheless, the unpaid supplier of goods initiated court proceedings in Hong Kong. The purchaser reacted by seeking to have the court proceedings stayed in favor of arbitration.
Continue reading at http://www.mallesons.com/MarketInsights/marketAlerts/2011/Pages/Hong-Kong-court-upholds-an-agreement-for-ICC-arbitration-in-the-PRC.aspx
Intellectual Property - Hebei cracked down upon crimes on the manufacture and sales of counterfeits
As of the end of June this year, Hebei procuratorate has approved to arrest 228 suspects in 116 cases for infringing intellectual property rights (IPR) as well as producing and selling counterfeit and shoddy commodities since the launch of a special campaign on combating IPR infringements and counterfeits; while 195 criminals in 91 cases have been sent to court.
During the special campaign, the procuratorate has attached great importance to the crackdown on illegal activities violating intellectual property rights and civil rights. It has vowed to handle all those cases, especially major cases that had been transferred from public security organs, effectively and efficiently.
The procuratorate always participates in the investigation process of major and serious cases in due time and guides relevant departments to get access to the required evidences.
Continue reading at http://www.chinaipr.gov.cn/newsarticle/news/local/201108/1244319_1.html
China Banks - China's ICBC to take over Standard Bank Argentina
Industrial and Commercial Bank of China (1398.HK) is to pay $600 million to take control of the Argentina operations of South Africa's Standard Bank (SBKJ.J), it said on Friday, becoming the first Chinese lender to enter Latin America's third-largest economy.
ICBC, the world's biggest bank by market value, will take 80 percent of commercial lender Standard Bank Argentina and its two affiliates, asset manager Standard Investments and Inversora Diagnol, a commercial service provider.
The deal highlights the booming growth of Chinese finance in emerging markets beyond Asia. ICBC has been the top shareholder in Standard Bank since 2008, and is looking to benefit more as Chinese corporates extend their reach into Africa and other frontier markets.
"Chinese government policy probably had some influence on ICBC's decision. When you look at the other Chinese banks, none of them are doing acquisitions like ICBC is," said Ivan Li, an analyst at Kim Eng Securities in Hong Kong.
"China is probably treating ICBC like its flagship and wants it to expand everywhere."
Continue reading at http://www.reuters.com/article/2011/08/05/us-icbc-idUSTRE7742FR20110805
Litigation law - Chinese people may soon be able to challenge unreasonable administrative legislation
Wang Xixin, a law professor at Peking University and contributing researcher of China's top legislature, told China Daily that related departments have started to draft the amendment to the Administrative Litigation Law, which will very likely add government regulations such as urban planning to the scope of judicial hearings.
"It is a big deficiency in the current litigation regulation which doesn't allow the public to sue regulatory documents, government decisions and other regulations, since such government decisions usually exert a constant and wide-ranging impact on the people and will seriously infringe on civic rights, if ill-drafted," Wang said.
Continue reading at
http://www.chinadaily.com.cn/cndy/2011-08/10/content_13081886.htm
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Lehman, Lee & Xu is a top-tier Chinese law firm specializing in corporate, commercial, intellectual property, and labor and employment matters. For further information on any issue discussed in this edition of China Law News or for all other enquiries, please e-mail us at mail@lehmanlaw.com or visit our website at www.lehmanlaw.com.
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